TERMS OF SERVICE Klass, Inc.
Last Modified: March 1, 2022
Acceptance of Terms
The Terms of Service (“Terms”) you are reading are a legal agreement between Klass, Inc. (“Klass”) and yourself (“you”). By accessing or using any Klass application or game (“Service”) you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.Klass reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service.If you violate the Terms, Klass reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Klass need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion.You agree that Klass may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.The Service is intended for use by those 21 or older for amusement purposes only. You declare that you are 13 years old or older. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agrees to these Terms.
Subject to your agreement and compliance with these Terms, Klass grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Klass may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or Klass’s intellectual property as determined by Klass in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of Klass for any damage that may result from the foregoing. If you have more than one account, Klass may terminate all of your accounts.In addition to the foregoing, Klass may selectively remove, revoke or garnishee Benefits associated with your account. “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.You acknowledge that Klass is not required to provide you notice before suspending or terminating your account or selectively removing, revoking or garnisheeing Benefits associated with your account. In the event that Klass terminates your account, you may not participate in any of the Services again without Klass ’s express permission. Klass reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account.You may stop using the Service at any time. Data, Post, Videos, Images, Audio, Art, Hosted Games, Answers and Certain Public Communications you have made public will not be removed from the service. You also have the option to download a copy of your data first. Email us at email@example.com to close your Account.If you believe that any action has been taken against your account in error, please contact us at: firstname.lastname@example.org
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Klass. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your’ publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Klass’. You grant Klass the right to act as an agent on your behalf as the Service’s operator.Any data, communications, text, graphics, photographs, videos, or any other content, and their selection and arrangement, uploaded to the Service by any user (“User Content”) are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Klass. Any communications, text, graphics, photographs, videos files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Klass shall not bear any responsibility for any of the above mentioned content.Klass may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Klass will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.Klass reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Klass shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
The Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. Klass is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Klass may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Klass, and these communications should not be considered reviewed or approved by Klass. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Klass be liable for any activity within the Communication Channels.You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Klass is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Tickets / Seats, Virtual Currencies and Goods
The Service may include an opportunity to purchase virtual, in-game currency (“Tickets / Seats”) that may require you to pay a fee using real money to obtain the Tickets / Seats. Tickets / Seats cannot be redeemed for real money, goods, or any other item of monetary value from Klass or any other party. You understand that you have no right or title in the virtual in-game items, wagers or Tickets / Seats.Your purchase of Tickets / Seats is final and is not refundable, transferable or exchangeable, except in Klass’s sole discretion. You may not purchase, sell, or exchange Tickets / Seats outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. Klass retains the right to manage, control, modify and/or eliminate Tickets / Seats or any other form of virtual currency at its sole discretion. Prices and availability of Tickets / Seats are subject to change without notice.Tickets / Seats may only be held by legal residents of countries where access to and use of the Services are permitted. Tickets / Seats may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Tickets / Seats for any reason. When you purchase Tickets / Seats, they will reside in your account (“Game Account”) until discharged through use of the Service. When purchasing Tickets / Seats or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Tickets / Seats and/or other content are final. If your Game Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to payment provider policy. Other than charges to your Game Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user account or Game Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
Competitions, Games & Rules
The Services may include the opportunity to compete for prizes including real money after you have purchased a Ticket / Seat for a specific game, competition or challenge. We reserve the right to disqualify you and revoke any opportunity to participate in any Competition / Game if you violate any portion of our terms.You agree that you fully understand the Competition / Game, Start Time and Rules of each game prior to purchasing a Ticket / Seat. You agree to comply fully with all the rules of each Competition / Game you choose to purchase a Ticket / Seat for. You agree that it is solely up to you to make sure that you are online to participate in any Competition / Game you have purchased to participate in and will not hold Klass liable for your failure to participate for any reason. You understand that your purchase of a Ticket / Seat is not refundable and not transferable.Competition / Game times are set prior to the the start of each individual Competition / Game and all Tickets / Seats must be sold prior to the start time for a game to be played. You agree to log on for your Competition / Game 15 minutes prior to the posted start time and to avoid missing the game for any reason. You also agree to remain online for the entire duration of the game. You agree not to hold Klass liable for your failure to adjust for any time differences. You will be refunded your full purchase amount for any Tickets / Seats to a game you have purchased if the game does not sell out prior to the start of the game. You agree to not hold Klass liable for games that do not start for any reason.Each Competition / Game will have it’s own unique rules in addition to any that may be within these terms and you agree to review and fully understand and fully accept each Competition / Game unique rules prior to purchasing Tickets / Seats to participate in any Competition / Game.
Klass does not tolerate cheating. Play fair. No cheating. If Klass becomes aware that you have obtained in any way or an Independent Contract Host has shared any game details, hints or answers with you, your account will be blocked and you will be banned indefinitely from competing in future games.In addition you agree to forfeit 100% of your entry fees and you also agree to forfeit 100% of any potential prize winnings. If prize money have been paid to you prior to the detection of such violation you agree to repay 100% of the winnings from all games of which you are deemed in violation within 30 days of violation repayment notice.
Free Games, Free Game Winnings
The Service may include an opportunity to enter Free Games that will not require you to pay a fee using real money to obtain the Tickets / Seats.Free Game Winnings cannot be converted into real money and cannot be redeemed for real money, goods, or any other item of monetary value from Klass or any other party. You understand that you have no right or title in the virtual in-game items, wagers or Tickets / Seats.Free Game Winnings can be used towards purchasing Tickets / Seats to Paid Games.
You agree that you acknowledge and accept our Winner Selection process here within.You agree that you fully understand that Competition / Game winners are selected by the speed of delivery of the correct answer, action and or response, require for a specific Competition / Game. You agree that the time stamp provided through the Services is the time stamp that Klass will use to determine the delivery time of each users submission, including yours. You agree that communication errors may cause your’ submissions to be delayed and will not hold Klass liable for any communication issues.Challenge / Game Winners will be announced through the Services within 5 business days of the conclusion of each Competition / Game.Some Challenge / Game Winners may be decided by a preset formula or algorithm programed into the Service. Example. Challenge / Game: What does 1 + 1 equal? Answer 2 may be programmed into the service allowing the Service to determine the winners faster. Some Challenge / Game are determined by a panel of 3 to 5 human judges which may cause winner determinations to take longer.If multiple contestants enter the correct answer at the same exact time,Fun Comp will put all of these contestants into a blind raffle and will draw three contestants in the following order: 3rd Place, 2nd Place, 1st Place. The first three contestants drawn will be awarded the 3rd Place, 2nd Place & 1st Place Winnings. All participants fully understand and agree to accept this process as a fair solution.You agree to use our Services for fun and you understand that you may not win any prize for any Competition / Game you choose to participate in.
The Services may include the opportunity to Host a Competition / Game. Applicants must be over the age of 13. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agrees to these Terms and additional Host Terms in the Host Application. Hosts must be approved by Klass and must apply by completing the “Become a Host” / Host Application found atFunComp.com/hostFunCompHost.comhttps://www.klassagency.com/influencer-host-agreementApproved Hosts may be eligible to earn money.Additional Host Terms must be agreed to and can be found in the Application at FunComp.com/host FunCompHost.com https://www.klassagency.com/influencer-host-agreement
Klass does not tolerate cheating. Independent Contract Hosts are prohibited for sharing game details, hints or answers to anyone competing in any Independent Host Challenge Games.If Klass becomes aware that an Independent Contract Host has shared game details, hints or answers with anyone competing in any games hosted by any Independent Contractor Host games, the Independent Contractor Host agrees to forfeit 100% of their earnings. If commissions have been paid to the Independent Contractor Host prior to the detection of such violation the Independent Contractor Host agrees to repay 100% of the commission from all games of which the Independent Contractor Host is deemed in violation within 30 days of the violation repayment notice.In addition the Independent Contractor Host accounts blocked and the Independent Contractor Host will be banned indefinitely from hosting and competing in games.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.You undertake that you shall not defraud, or attempt to defraud, Klass or other users, and that you shall not act in bad faith in your use of the Service. If Klass determines that you do act in bad faith in violation of these Terms, or if Klass determines that your actions fall outside of reasonable community standards, Klass may, at its sole discretion, terminate your account and prohibit you from using the Service.You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:Create an account with or access the Service if you are under the age of 13;Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed;Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;Upload or transmit (or attempt to upload or to transmit), without Klass’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);Improperly use support channels or complaint buttons to make false reports to Klass ;Develop, distribute, use, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;Deal with Tickets / Seats in a manner that violates these Terms, including transferring Tickets / Seats to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services;Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without Klass’s written permission;Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without Klass’s written permission;Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;Attempt to use the Service on or through any service that is not authorized by Klass. Any such use is at your own risk and may subject you to additional or different terms. Klass takes no responsibility for your use of the Service through any service that is not authorized by it;Post or communicate any person’s real-world personal information using the Service;Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; orInterfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Intellectual Property (IP) Ownership
Klass retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Klass ’s explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Klass. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.Klass and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Klass, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Klass makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:Errors, mistakes, or inaccuracies of content;Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;Any unauthorized access to or use of Klass’s secure servers and/or any and all personal information and/or financial information stored therein;Any interruption or cessation of transmission to or from the Service;Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; orAny errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.In no event will Klass, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Klass has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Klass shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.You agree to indemnify and hold Klass, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with(i) Your use of and access to the Service;(ii) Your violation of any term of these Terms;(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;(iv) Any claim that a user submissions made by you has caused damage to a third party; or(v) Any User Content you post or share on or through the Service.